My dad was diagnosed with dementia at the end of 2024. There is no power of attorney or guardianship. Taxes were completed by a tax preparer but have not been submitted because they aren’t signed. There is a balance due and interest is accruing. What do we do to file those taxes and pay the balance due?
A guardianship is required when a person is incapacitated and has no legal documents like a durable POA in place. Your question is more a legal question rather than a tax question, and thus, the best course of action is to seek competent legal advice.
You can make estimated payments on behalf of the taxpayer, provided you have ALL necessary taxpayer information but the tax return cannot be filed until you have legal authority.
Lastly, once the returns are filed and the taxes are paid, you can ask for relief from any accrued penalties. (IRS FORM 843)
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